05RS HB472

HB472

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HB 472 (BR 1450) - G. Lindsay

     AN ACT relating to uniform environmental covenants.
     Create a new subchapter of KRS Chapter 224 relating to environmental covenants; define "activity and use limitations," "applicant," "cabinet," "common interest community," "division," "environmental covenant," "environmental response project," "holder," "indexing," "interest," "owner," "person," "subordination agreement," and "servitude"; allow any person with an interest in real property subject to an active environmental response project to apply for approval of an environmental covenant; require the applicant to apply with the Division of Waste Management; establish a partial application process; require the division to notify the applicant after receipt of the application; require the division to meet with the applicant if requested; require that the decision to approve or deny a covenant not take more than 45 days; permit the cabinet to deny an environmental covenant for any reason; establish obligations and responsibilities on the holder of the covenant if approved; provide that the cabinet has no presumptive obligation; require the division to promulgate administrative regulations to establish an application procedure, submission guidelines, and forms; establish rules of priority with respect to interests in real property subject to an environmental covenant; establish a subordination agreement for interests; establish the form and content requirements for an environmental covenant; require that the environmental covenant will run with the land; establish the scope of enforceability for an environmental covenant; clarify that the environmental covenant does not prescribe a use of property prohibited by zoning or by law; establish a list of recipients of a copy of the environmental covenant; establish recording requirements; require an environmental covenant to exist in perpetuity except under specific circumstances; allow the cabinet or the court under legal doctrine prescribed to terminate an environmental covenant; establish a method for termination of an environmental covenant by consent of the parties; permit civil action for injunctive or other equitable relief for violation of the environmental covenant; require the Division of Waste Management to establish and maintain a registry of environmental covenants and all the changes to those covenants; require notice of amendments or termination of environmental covenants and an alternate method for giving notice.

HB 472 - AMENDMENTS


     HCS - Retain original provisions of HB 472; allow a person to utilize the environmental covenant in conjunction with a corrective action plan; delete separate process for obtaining an environmental covenant and use existing process for obtaining a corrective action plan; delete definition of court; require that denial of an environmental covenant be based on reasonable grounds and that the grounds will be specified in writing; delete that the cabinet has no obligation under the covenant; delete the authority for promulgating administrative regulations to establish a separate process for obtaining an environmental covenant; require the holder of an interest rather than a fee simple interest in the property to sign the environmental covenant; delete language requiring the grantor to file the environmental covenant in the county clerk's office; conform section on eminent domain so that the proceeding takes place in the court of competent jurisdiction; permit the cabinet and any holder to petition Franklin Circuit Court to terminate the environmental covenant under the changed circumstance doctrine; clarify the cabinet is not limited in its regulatory authority except as expressly prohibited by the environmental covenant.

     HFA (1, G. Lindsay) - Provide that the obligations imposed under an environmental covenant are not dischargeable under bankruptcy law and not reducible to monetary claim.

     HFA (2, G. Lindsay) - Amend to include a definition of "public notice" and require the cabinet to review the environmental covenant to determine whether the applicant has caused public notice that identifies the legal description of the property, the intent to place an environmental covenant on the property, and list interest holders of record.

     HFA (3, G. Lindsay) - Require all signatories to the environmental covenant to fulfill all obligations and responsibilities prescribed in the environmental covenant and any amendment thereto; permit an environmental covenant to be terminated or amended if it is requested as a modification to the corrective action plan; delete the cabinet's authority to waive the responsibility of the current owner of the fee simple in the property to sign the amendment or termination; provide that the original owner or the owner's heirs, assigns or transferees will sign unless waived in a document or if the court finds the person does not exist or cannot be located with the exercise of reasonable diligence.

     Feb 14-introduced in House
     Feb 15-to Natural Resources and Environment (H)
     Feb 16-posted in committee; posting waived
     Feb 22-reported favorably, 1st reading, to Calendar with Committee Substitute
     Feb 23-2nd reading, to Rules
     Feb 24-posted for passage in the Regular Orders of the Day for Friday, February 25, 2005; floor amendments (1) (2) and (3) filed to Committee Substitute
     Feb 25-3rd reading, passed 86-0 with Committee Substitute, floor amendments (1) (2) and (3); received in Senate
     Feb 28-to Agriculture and Natural Resources (S)
     Mar 1-taken from committee; laid on clerk's desk; taken from clerk's desk; 1st reading; returned to Agriculture and Natural Resources (S)
     Mar 2-taken from committee; laid on clerk's desk; taken from clerk's desk; 2nd reading; returned to Agriculture and Natural Resources (S)
     Mar 3-reported favorably, to Rules; posted for passage in the Consent Orders of the Day Number 2 for Friday, March 4, 2005
     Mar 4-3rd reading, passed 37-0
     Mar 8-received in House; enrolled, signed by each presiding officer; delivered to Governor
     Mar 16-signed by Governor (Acts ch. 92)


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